Updates from the Fall Quarter Supreme Court Litigation Clinic

The Supreme Court Litigation Clinic experienced a fabulous fall quarter under the supervision of Professor Pam Karlan and Clinic instructor Kevin Russell, with logistical support from Joanne Newman. Below are a few highlights of student work and experiences this past quarter.

Students, Lydia Gray, ‘15, Andrew Noll, ’14, and Kyle Rifkind, ’14 represented the Paraprofessional Health Institute as amicus curiae in support of the respondents in Harris v. Quinn, a case involving the question whether Illinois can offer collective bargaining to home healthcare workers in its Medicaid program and require objecting workers to pay an agency fee if they choose not to join the union. The Clinic’s brief offered information to the Court about the nature of the home healthcare workforce and the difficulties states face in finding, recruiting, and retaining a skilled workforce.

In Air Wisconsin v. Hoeper, a merits case argued in November by Clinic instructor Kevin Russell, the Clinic represents the respondent, Bill Hoeper. Clinic students Elizabeth Schmitz-Robinson, ’14, Lydia Gray, ’15, Andrew Noll, ’14, and Kyle Rifkind, ’14 were responsible for crafting the respondent’s merits brief in this case concerning a provision of the Aviation and Transportation Security Act that protects airline employees who report security issues to the TSA. The Clinic’s client, an airline pilot, successfully sued his employer after another employee made a damaging and inaccurate report about him. The Clinic also worked with Mr. Hoeper’s trial and appellate counsel Scott McGrath and Jason Rietz, attorneys from Denver, Colorado. Hoeper was the first case in which a Clinic alumnus appeared on the other side: Eric Feigin ’05, now an assistant to the Solicitor General, argued as an amicus on behalf of the United States.

In its representation of the petitioner in Hoagland v. Ada County, the Clinic’s client brought a section 1983 suit against the county and several county officials after her son, who was mentally ill, committed suicide in the county jail. She alleged he has unconstitutionally been denied medical care. The Idaho Supreme Court held that Idaho’s common law abatement rule meant that section 1983 suits involving fatal constitutional violations are barred. The Clinic team of Daniel Kuo, ’14, Sal Bonaccorso, ’15, Ali Karol, ’15, and Kerrel Murray, ’14, prepared the cert petition, working with Professor Pam Karlan and Ms. Hoagland’s lawyer, Darwin Overson.

The Clinic often conducts moots for lawyers arguing cases before the Court. This Fall, in addition to mooting cases argued by Professor Jeff Fisher and Clinic instructor Kevin Russell, we mooted our first clinic alumnus, Jameson Jones ’07.